Underwood v. Isbrandtsen Co.

'CONGER, District Judge.

Libellant sues for unlawful and wrongful discharge. He sues to recover for nonpayment of his wages and subsistence from February 27, 1947 [the date of his discharge] to April 15, 1947 [the date when he obtained employment].

Respondent denies that the discharge was unlawful and wrongful and claims it was justified because libellant was not qualified to discharge the duties of Chief Engineer, but was incompetent and that by reason of his incompetence, negligence and failure to perform the duties required of him the vessel of which he had been Chief Engineer was seriously…